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A class action lawsuit against Microsoft has been filed in Italy by a group claiming that it's too difficult to procure a refund for the copies of Windows that come bundled in new PCs.
The case, which was filed in Milan by the Associazione per i Diritti degli Utenti e Consumatori (ADUC), and picked up by The Register earlier today, points to Microsoft's end user license agreement (EULA)--as outlined in various copies of Windows--noting that once users turn their computer on and begin to use it, they are no longer able to return the software for a refund.
Furthermore, the group says consumers who buy computers with OEM copies of Windows installed have more difficulties in getting a refund than those who purchased a retail copy of the OS. The lawsuit notes that users who buy and install the OS itself, but that don't agree to the EULA, are entitled to a return from the place where they bought it. OEM buyers, however, are at the whim of their system seller or installer for a refund, which has historically proven to be a difficult process, it says.
To avail these issues, the class action suit seeks a hearing and also to nullify the section of the EULA that requires users go to OEMs instead of Microsoft for refunds.
Microsoft did not immediately respond to a request for comment.
Twelve years ago, a group of Linux users in the United States sought refunds for OEM copies of Windows as part of a campaign called "Windows Refund Day." Instead of going to OEMs though, as Microsoft outlines in its EULA, those users went directly to the company's offices in Silicon Valley. Even then though, Microsoft pointed users back to the PC makers, saying "when a consumer purchases a new PC, the license for Windows resides with that specific PC maker, and each PC maker has its own process for working with customers on licensing issues."
You can see copy of the lawsuit, which is in Italian and is a PDF, here. There's also the group's statement, also in Italian, here.
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The case, which was filed in Milan by the Associazione per i Diritti degli Utenti e Consumatori (ADUC), and picked up by The Register earlier today, points to Microsoft's end user license agreement (EULA)--as outlined in various copies of Windows--noting that once users turn their computer on and begin to use it, they are no longer able to return the software for a refund.
Furthermore, the group says consumers who buy computers with OEM copies of Windows installed have more difficulties in getting a refund than those who purchased a retail copy of the OS. The lawsuit notes that users who buy and install the OS itself, but that don't agree to the EULA, are entitled to a return from the place where they bought it. OEM buyers, however, are at the whim of their system seller or installer for a refund, which has historically proven to be a difficult process, it says.
To avail these issues, the class action suit seeks a hearing and also to nullify the section of the EULA that requires users go to OEMs instead of Microsoft for refunds.
Microsoft did not immediately respond to a request for comment.
Twelve years ago, a group of Linux users in the United States sought refunds for OEM copies of Windows as part of a campaign called "Windows Refund Day." Instead of going to OEMs though, as Microsoft outlines in its EULA, those users went directly to the company's offices in Silicon Valley. Even then though, Microsoft pointed users back to the PC makers, saying "when a consumer purchases a new PC, the license for Windows resides with that specific PC maker, and each PC maker has its own process for working with customers on licensing issues."
You can see copy of the lawsuit, which is in Italian and is a PDF, here. There's also the group's statement, also in Italian, here.
Business | Christians | Coupons | Discussions | Gamers
Legal | Politics | Sports | Teens | Webmasters